BlackletterCalifornia law

DIVISION 18. PENALTIES AND DISPOSITION OF FEES, FINES, AND FORFEITURES [42000. - 42277.]

Division 18 enacted by Stats. 1959, Ch. 3.

§§ 42000–42277 · 73 sections

  1. CHAPTER 1. Penalties §§ 42000–42032 · 51 sections
    1. ARTICLE 1. Public Offenses §§ 42000–42010 · 47 sections
      • § 42000 Unless a different penalty is expressly provided by this code, every person convicted of a felony for a violation of any provision of this code shall be…
      • § 42000.1 Notwithstanding Section 42001, every person convicted of an infraction for a violation described in subdivision (b) of Section 22348 shall be punished by a…
      • § 42000.5 Every person convicted of an infraction for a violation of Section 22350, 22406, or 22407 while operating a bus, motor truck, or truck tractor having three or…
      • § 42001 (a) Except as provided in this code, a person convicted of an infraction for a violation of this code or of a local ordinance adopted pursuant to this code…
      • § 42001.1 (a) Every person convicted of an infraction for a violation of Section 2815 or a violation of subdivision (a) or (b) of Section 22526 at an intersection posted…
      • § 42001.2 (a) A person convicted of an infraction for a violation of Section 27153.5 with a motor vehicle having a manufacturer’s maximum gross vehicle weight rating of…
      • § 42001.3 (a) Violations of Section 34506.3, with respect to any regulation adopted under Section 34501 relative to the maintenance of driving logs, shall be punishable…
      • § 42001.4 Every person convicted of an infraction for violation of Section 23117 shall be punished as follows: (a) By a fine of not less than fifty dollars ($50) nor…
      • § 42001.5 (a) A person convicted of an infraction for a violation of subdivision (i) or (l) of Section 22500, or of Section 22522, shall be punished by a fine of not…
      • § 42001.6 Every person convicted of an infraction for a violation of Section 22511.1 is punishable by a fine of one hundred dollars ($100). No part of any fine imposed…
      • § 42001.7 (a) Every person convicted of a violation of Section 23111 or 23112, or subdivision (a) of Section 23113, shall be punished by a mandatory fine of not less…
      • § 42001.8 Every person convicted of an infraction for a violation of Section 4000 shall be punished by a fine of not less than fifty dollars ($50) and not more than two…
      • § 42001.9 Every person convicted of an infraction for a violation of Section 23135 shall be punished by a fine of fifty dollars ($50).
      • § 42001.10 Every person convicted for a violation of Section 38020 shall be punished by a fine of not less than fifty dollars ($50) for a first offense, and not more than…
      • § 42001.11 Every person convicted of an infraction for a violation of Section 21655.5 or 21655.8 shall be punished as follows: (a) For a first conviction, a fine of not…
      • § 42001.12 Every person convicted of an infraction for a violation of Section 21806 shall be punished as follows: (a) For a first conviction, by a fine of not less than…
      • § 42001.13 (a) A person who commits a violation of Section 22507.8 is subject to either a civil notice of parking violation pursuant to Article 3 (commencing with Section…
      • § 42001.14 (a) Every person convicted of an infraction for the offense of disconnecting, modifying, or altering a required pollution control device in violation of…
      • § 42001.15 Every person convicted of an infraction for a violation of subdivision (a) or (c) of Section 21453, subdivision (c) of Section 21454, or subdivision (a) of…
      • § 42001.16 (a) Every person convicted of an infraction for a violation of subdivision (c) of Section 21752, subdivision (c) of Section 22526, or Section 22450, involving…
      • § 42001.17 Notwithstanding any other provision of law, every person convicted of an infraction for a violation of Section 21951 shall be punished as follows: (a) For the…
      • § 42001.18 Notwithstanding any other provision of law, every person convicted of an infraction for a violation of Section 21971 shall be punished as follows: (a) For the…
      • § 42001.19 Notwithstanding any other provision of law, a person convicted of a violation of Section 21070 is punishable, as follows: (a) For a violation involving bodily…
      • § 42001.20 Notwithstanding any other provision of law, a person who violates subdivision (b) or (c) of Section 27000 is punishable as follows: (a) By a fine of one…
      • § 42001.25 Notwithstanding any other provision of law, a person who violates Section 23140 is punishable as follows: (a) By a fine of one hundred dollars ($100). (b) For…
      • § 42002 Unless a different penalty is expressly provided by this code, every person convicted of a misdemeanor for a violation of any of the provisions of this code…
      • § 42002.1 A person convicted of a misdemeanor violation of Section 2800, 2801, or 2803, insofar as it affects a failure to stop and submit to inspection of equipment or…
      • § 42002.4 A violation of Section 10751 shall be punished by imprisonment in the county jail not exceeding six months if the value of the property does not exceed nine…
      • § 42002.5 Notwithstanding Section 42002, every person convicted of a violation of Section 10852 or 10853 involving a vehicle that has been modified for the use of a…
      • § 42003 (a) A judgment that a person convicted of an infraction be punished by a fine may also provide for the payment to be made within a specified time or in…
      • § 42004 For the purpose of determining the penalty to be imposed pursuant to this code, the court may consider a written report from the Department of Motor Vehicles…
      • § 42004.5 Upon conviction of any violation of any provision of this code, other than a felony violation and except this section, execution of sentence of imprisonment in…
      • § 42005 (a) Except as otherwise provided in this section, after a deposit of the fee under Section 42007 or bail, a plea of guilty or no contest, or a conviction, a…
      • § 42005.1 The court may order a person designated to attend a traffic violator school to instead participate in a study of traffic violator schools licensed pursuant to…
      • § 42005.3 (a) A local authority shall not allow a person who is alleged to have committed a traffic offense in violation of this code, or an ordinance or resolution…
      • § 42005.5 Notwithstanding Section 46300 or 84500 of the Education Code or any other provision of law, on and after September 1, 1985, attendance at a school for traffic…
      • § 42006 (a) Except as provided in subdivision (c), there may be levied a special assessment in an amount equal to one dollar ($1) for every fine, forfeiture, and…
      • § 42007 (a) (1) The clerk of the court shall collect a fee from every person who is ordered or permitted to attend a traffic violator school pursuant to Section 41501…
      • § 42007.1 (a) The amount collected by the clerk pursuant to subdivision (a) of Section 42007 shall be in an amount equal to the total bail set forth for the eligible…
      • § 42007.3 (a) Notwithstanding Section 42007, revenues derived from fees collected under Section 42007 from each person required or permitted to attend traffic violator…
      • § 42007.4 (a) Notwithstanding Section 42007, revenues derived from fees collected under Section 42007 from each person required or permitted to attend traffic violator…
      • § 42008 (a) Any county may operate an amnesty program for delinquent fines and bail imposed for an infraction or misdemeanor violation of the Vehicle Code, except…
      • § 42008.5 (a) A county may establish a one-time amnesty program for fines and bail that have been delinquent for not less than six months as of the date upon which the…
      • § 42008.7 (a) The State of California continues to face a fiscal and economic crisis affecting the State Budget and the overall state economy. In light of this crisis, a…
      • § 42008.8 (a) The Legislature finds and declares that a one-time infraction amnesty program would do all of the following: (1) Provide relief to individuals who have…
      • § 42009 (a) For an offense specified in subdivision (b), committed by the driver of a vehicle within a highway construction or maintenance area, during any time when…
      • § 42010 (a) For an offense specified in subdivision (b) that is committed by the driver of a vehicle within an area that has been designated as a Safety…
    2. ARTICLE 2. Weight Violations §§ 42030–42032 · 4 sections
      • § 42030 (a) Every person convicted of a violation of any weight limitation provision of Division 15 (commencing with Section 35000), and every person convicted of a…
      • § 42030.1 (a) Every person convicted of a violation of any declared gross vehicle weight limitation provision of this code, shall be punished by a fine that equals the…
      • § 42031 Whenever the gross weight and any axle or wheel weight of a vehicle are in excess of the limits prescribed in this code, the excess weights shall be deemed one…
      • § 42032 (a) In addition to any other fines and penalties, any local public agency which owns or operates vehicles used for the collection of garbage, refuse, or…
  2. CHAPTER 2. Disposition of Fees, Fines, and Forfeitures §§ 42200–42240 · 15 sections
    1. ARTICLE 1. Fines and Forfeitures §§ 42200–42205 · 9 sections
      • § 42200 (a) Of the total amount of fines and forfeitures received by a city under Section 1463 of the Penal Code that proportion which is represented by fines and…
      • § 42201 (a) Of the total amount of fines and forfeitures received by a county under Section 1463.001 of the Penal Code, fines and forfeitures collected from any person…
      • § 42201.1 Fines and forfeitures received by a county under Section 1463 of the Penal Code may be used to reimburse the state for the construction of platform scales and…
      • § 42201.5 Fines, forfeitures, and deposits of bail collected as a result of a charge or conviction of an infraction shall be deposited and distributed in the same manner…
      • § 42201.6 (a) A deposit of bail received with respect to an infraction violation of this code, or any local ordinance adopted pursuant to this code, including, but not…
      • § 42202 Failure, refusal, or neglect on the part of any judicial or other officer or employee receiving or having custody of any fine or forfeiture mentioned in this…
      • § 42203 Notwithstanding Section 42201 or 42201.5, 50 percent of all fines and forfeitures collected in a superior court upon conviction or upon the forfeiture of bail…
      • § 42204 Notwithstanding any other provisions of law, all fines and forfeitures collected for violations of Division 16.5 (commencing with Section 38000) shall be…
      • § 42205 (a) Notwithstanding Chapter 3 (commencing with Section 42270), the department shall file, at least monthly with the Controller, a report of money received by…
    2. ARTICLE 2. Refund of Fees and Penalties §§ 42230–42235 · 5 sections
      • § 42230 Whenever any application made under this code is accompanied by any fee, except an application for an occupational license accompanied by a fee as specified in…
      • § 42231 Whenever any application is made under this code and the application is accompanied by any fee which is excessive or not legally due, or whenever the…
      • § 42232 The application for refund shall be presented to the department in a format prescribed by the department within three years from the date of payment of the…
      • § 42233 (a) Whenever any fee or penalty subject to refund under Section 42231 after application therefor has not been paid into the State Treasury, the department…
      • § 42235 Whenever the department collects any fee which is excessive or not legally due and application for the refund of the fee is not filed within the time…
    3. ARTICLE 3. Uncollectible Costs § 42240 · 1 section
      • § 42240 On and after January 1, 2022, the unpaid balance of any court-imposed costs pursuant to Section 40508.5 and subdivision (g) of Section 40510.5, as those…
  3. CHAPTER 3. Motor Vehicle Account §§ 42270–42277 · 7 sections
    • § 42270 (a) The Department of Motor Vehicles and the Department of the California Highway Patrol each shall file, at least monthly with the Controller, a report of…
    • § 42271 (a) The Motor Vehicle Account in the State Transportation Fund is hereby created. (b) The moneys deposited to the credit of the Motor Vehicle Account in the…
    • § 42272 For the 2012–13 fiscal year, upon order of the Director of Finance, the Controller shall transfer four hundred thirty-two million two hundred thousand dollars…
    • § 42273 By the 10th day of each calendar month, the balance remaining to the credit of the Motor Vehicle Account in the State Transportation Fund at the close of…
    • § 42275 Notwithstanding Section 42273, the State Controller may, after at least 15 days’ prior notice, transfer back to the Motor Vehicle Account in the State…
    • § 42276 Not later than January 10, 1985, and not later than January 10th of each four-year period thereafter, the Secretary of the Business, Transportation and Housing…
    • § 42277 No money in the Motor Vehicle Account in the State Transportation Fund may be expended for automobile driver training.